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Book Details
Abstract
This third edition of Community Care Practice and the Law has been substantially rewritten and restructured to reflect the rapid legal and policy changes affecting the community care field. It provides comprehensive and jargon-free explanations of both community care legislation and other areas of the law directly relevant to practitioners. Topics covered include:
• assessment and eligibility criteria (`fair access to care') and waiting times
• placing people in care homes
• non-residential, domiciliary and home care services
• carers' assessments and services
• home adaptations and disabled facilities grants
* direct payments
* continuing health care and health services generally, including community equipment services
* joint working between local authorities and the NHS
* single assessment process, intermediate care
* decision making capacity and incapacity
* information sharing
* adult protection
* human rights and disability discrimination
* health and safety at work legislation including manual handling
people subject to immigration control, including asylum seekers
care standards.
Numerous examples of legal cases and ombudsman investigations clearly illustrate the practical impact of legislation on community care. A separate chapter provides an at-a-glance view of the whole range of legislation underpinning the everyday work of practitioners. The author also identifies the underlying mechanisms, tensions and problems affecting community care law and practice. Primarily covering England in detail, much of the legal case law covered and the legal principles involved are of general relevance across the United Kingdom, and where material is not directly applicable to Wales, Scotland and Northern Ireland, short summaries offer general pointers for the position in these three countries.
This book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local and central government, advocates, lawyers and social work students.
The test of this kind of book is whether it does its job as an authoritative reference tool. I tried it out by looking up a few random areas – direct payments for carers, information sharing, statutory duty to provide accommodation, the legal status of care plans. Moreover topics could be easily pinpointed equally well from the index or the contents page.
The book is in five parts; part one provides an overview and covers underlying mechanisms, legal principles, good administration and remedies; part two considers community care legislation and guidance; part three covers housing adaptations, housing adaptations, NHS services and joint working; part four explores adult protection, decision making capacity, information sharing, human rights and disability discrimination and part five covers health and safety at work, negligence, contract and national regulation of care provision. Community Care Practice and the Law proves itself to be comprehensive and monumentally authoritative.
Tony Gillam, Mental Health Practice
It meets the challenge of being extensive (it is difficult to capture this topic comprehensively due to its vastness and ever-changing nature) and up to date, and has been revised due to the substantial legal and policy changes that affect the community care field. It is well referenced and provides examples of legal cases and ombudsman investigations that facilitate an understanding of the law, and will allow psychotherapists to reflect on real-life experiences. The main strength of this book is that information is easy to access.
Journal of Physiotherapy, March 2007
Not only should it be of use to students, current managers and practitioners will find it of use as reference…The author is an acknowledged and widely-published authority on these matters, and manages in 500-plus pages to give not only definitive legal advice for England, but also general pointers to the position in the other three countries in the UK.
Care and Health Magazine
Michael Mandelstam's book, Community Care Practice and the Law, is superb- the more you look at it, the more you will find it of relevance. Care home providers and managers need to know and understand the law, especially when dealing with local authorities and other outside bodies such as Commission for Social Care Inspection. I've put this book to the test and it comes through with flying colours.
Caring Times
Author Michael Mandelstam provides a refreshing account of community care practice in an enlightening, highly informative way. The use of case law is helpful in explaining and making sense of the law, which can be complex, daunting and difficult to understand. The book's diversity is also welcome, addressing issues relating to people from different backgrounds and circumstances on account of age,gender, race and disability. The information in Mandelstam's text is retreiveable, lively and up-to-date. The structure is supported by the use of 'key points', background information and an overview and context in which the subject area is discussed. Subjects include placement in care homes, assessment, adaptations and services, information sharing, human rights and much more.
Community Practitioner
The third edition of Community Care Practice and the Law has been substantially reworked from the previous edition... This book is essential reading for practitioners, managers and students who need a practical guide to the law as it applies to community care practice... it is an ideal book to dip into and is easy to navigate.
British Journal of Occupational Therapy
This book is set out coherently and with clear cross referencing… Mandelstam achieves the difficult task of providing an adequate description of legal issues with detailed analysis and thorough application; this is to his credit. It will appeal to and should be considered an essential text reference for specialist practitioners and managers in health and social care.
Journal of Community Nursing
Michael Mandelstam has worked independently since 1995 providing legal training, advice and consultancy to local authorities, the NHS and voluntary organisations. Previously he worked for ten years at the Disabled Living Foundation, a national voluntary organisation, before moving to the Social Services Inspectorate at the Department of Health. He has published various other books, including An A-Z of Community Care Law, Equipment for Older or Disabled People and the Law, and Manual Handling in Health and Social Care: An A-Z of law and practice, all published by Jessica Kingsley Publishers. He holds postgraduate qualifications in law, information studies, and history of science and medicine.
An extensive guide to the law for service users and providers in the community, this book in primarily aimed at those working in social services and primary care trusts.
Nursing Standard
Table of Contents
Section Title | Page | Action | Price |
---|---|---|---|
Cover | Cover | ||
Community Care Practice and the Law\rThird Edition | 3 | ||
CONTENTS | 5 | ||
Acknowledgements | 13 | ||
Note | 14 | ||
Part I.\r Introduction, Overview, Underlying Mechanisms, Legal Principles and Good Administration, Remedies | 15 | ||
1.\r\rIntroduction | 17 | ||
1.1 HOWTO USE THE BOOK | 17 | ||
1.2WHOM THE BOOK IS FOR | 18 | ||
1.3 FUNCTION OF THE BOOK | 18 | ||
1.4 SCOPE OF THE BOOK | 19 | ||
1.5 CHANGES FROM THE SECOND EDITION | 21 | ||
2.\r\rOverview | 23 | ||
2.1 OUTLINE AND IMPLICATIONS OF THE LEGAL FRAMEWORK | 24 | ||
2.2. LIST OF LEGISLATION RELEVANT TO COMMUNITY CARE | 30 | ||
3.\r\rUnderlying mechanisms | 35 | ||
3.1 UNCERTAINTIES IN COMMUNITY CARE | 36 | ||
3.2 COMMUNITY CARE LEGISLATION: FRAGMENTATION | 40 | ||
3.3 COMMUNITY CARE GUIDANCE | 45 | ||
3.4 ALLOCATION OF SCARCE RESOURCES: RATIONING | 47 | ||
3.5 TRANSPARENCY OF LEGISLATION AND POLICY | 49 | ||
3.6 LOCAL AUTHORITY POLICIES, PROCEDURES AND PRACTICE | 53 | ||
3.7 JUDICIAL REVIEW AND THE LOCAL OMBUDSMEN | 54 | ||
3.8 GOOD ADMINISTRATION: LOCAL GOVERNMENT OMBUDSMEN | 56 | ||
3.9 GOOD PRACTICE AND THE LAW | 56 | ||
4.\r\rLegal principles and good\radministration | 61 | ||
4.1 LEGISLATION (AND GUIDANCE): DUTIES AND POWERS | 62 | ||
4.2 LAWCOURTS AND JUDICIAL REVIEW | 65 | ||
4.3 OMBUDSMEN: PRINCIPLES OF GOOD ADMINISTRATION | 70 | ||
5\rRemedies | 75 | ||
5.1 INFORMAL REMEDIES | 76 | ||
5.2 COUNCILLORS, MPS, NEWSPAPERS | 77 | ||
5.3 LOCAL AUTHORITY MONITORING OFFICERS | 80 | ||
5.4 DISTRICT AUDITORS | 80 | ||
5.5 LOCAL AUTHORITY SOCIAL SERVICES COMPLAINTS PROCEDURE | 81 | ||
5.6 SECRETARY OF STATE’S DEFAULT POWERS | 89 | ||
5.7 SECRETARY OF STATE’S GENERAL AND SPECIFIC DIRECTIONS | 91 | ||
5.8 SECRETARY OF STATE’S INQUIRIES | 92 | ||
5.9 LOCAL GOVERNMENT OMBUDSMEN | 92 | ||
5.10 NHS COMPLAINTS PROCEDURE | 94 | ||
5.11 HEALTH SERVICE OMBUDSMAN | 94 | ||
5.12 NHS DEFAULT POWERS | 95 | ||
5.13 JUDICIAL REVIEW | 95 | ||
5.14 NEGLIGENCE, BREACH OF STATUTORY DUTY/CONTRACT | 99 | ||
Part\r II. Community care legislation and guidance | 101 | ||
6\rAssessment | 103 | ||
6.1 OVERALL DUTY OF ASSESSMENT: NHS AND COMMUNITY CARE\rACT 1990 | 107 | ||
6.2 DUTY TO ASSESS DISABLED PEOPLE | 110 | ||
6.3 REFERRAL, SCREENING AND INITIAL ASSESSMENT | 112 | ||
6.4 LEVEL OF ASSESSMENT | 113 | ||
6.5 HEALTH AND HOUSING NEEDS IDENTIFIED DURING ASSESSMENT | 116 | ||
6.6 COMMUNITY CARE SERVICES | 116 | ||
6.7 NEEDS CALLING FOR SERVICE PROVISION | 116 | ||
6.8 ASSESSMENT OF PREFERENCES AS OPPOSED TO NEEDS\r | 117 | ||
6.9 ABSOLUTE DUTY TO MEET ELIGIBLE NEEDS | 120 | ||
6.10 MEETING NEED COST-EFFECTIVELY | 126 | ||
6.11 FAIR ACCESS TO CARE: ELIGIBILITY CRITERIA | 129 | ||
6.12 TAKING ACCOUNT OF LEGALLY RELEVANT FACTORS IN\rASSESSMENTS | 132 | ||
6.13 GIVING EXPLANATIONS AND REASONS | 134 | ||
6.14 SELF-ASSESSMENT | 135 | ||
6.15 REVIEW AND REASSESSMENT | 135 | ||
6.16 URGENCY | 149 | ||
6.17 ASSESSMENT OF CHILDREN WHEN THEY LEAVE SCHOOL | 150 | ||
6.18WAITING TIMES FOR ASSESSMENT | 152 | ||
7.\r\rCare plans and provision of\rservices | 160 | ||
7.1 CARE PLANS | 161 | ||
7.2 PROVISION OF COMMUNITY CARE SERVICES: CONTRACTS | 166 | ||
7.3WAITING TIMES FOR SERVICES | 173 | ||
8.\r\rResidential accommodation | 177 | ||
8.1 NEED FOR CARE AND ATTENTION | 178 | ||
8.2 DIFFERENT TYPES OF RESIDENTIALACCOMMODATION | 183 | ||
8.3 DUTIES AND POWERS TO PROVIDE RESIDENTIAL\rACCOMMODATION | 187 | ||
8.4 ORDINARY RESIDENCE | 188 | ||
8.5 CHOICE OF RESIDENTIAL ACCOMMODATION | 188 | ||
8.6 CARE HOME PLACEMENTS: OTHER ARRANGEMENTS | 193 | ||
9.\r Charging for residential accommodation | 195 | ||
9.1 OVERALL DUTY TO CHARGE | 197 | ||
9.2 PERSONAL EXPENSES ALLOWANCE | 198 | ||
9.3 TEMPORARY RESIDENTS | 199 | ||
9.4 LESS-DEPENDENT RESIDENTS | 200 | ||
9.5 ASSESSMENT OF COUPLES | 200 | ||
9.6 ASSESSMENT OF CAPITAL | 201 | ||
9.7 NOTIONAL CAPITAL | 204 | ||
9.8 ASSESSMENT OF REAL PROPERTY (HOUSE OR LAND) | 207 | ||
9.9 ASSESSMENT OF INCOME | 211 | ||
9.10 RESPONSIBILITY FOR PAYMENT OF FEES | 213 | ||
9.11 PURSUIT OF DEBT | 213 | ||
9.12 PLACING A CHARGE ON LAND OR PROPERTY | 214 | ||
9.13 INSOLVENCY PROCEEDINGS | 214 | ||
9.14 CARE HOMES: PERSONAL FINANCIAL ISSUES | 215 | ||
10.\r Non-residential services | 217 | ||
10.1 NATIONAL ASSISTANCE ACT 1948, S.29: NON-RESIDENTIAL\rSERVICES FOR DISABLED PEOPLE | 219 | ||
10.2 CHRONICALLY SICK AND DISABLED PERSONS ACT 1970, S.2:\rNON-RESIDENTIAL SERVICES FOR DISABLED PEOPLE | 226 | ||
10.3 HEALTH SERVICES AND PUBLIC HEALTH ACT 1968, S.45:\rNON-RESIDENTIAL SERVICES FOR OLDER PEOPLE | 234 | ||
10.4 NHS ACT 1977, S.21 AND SCHEDULE 8: NON-RESIDENTIAL\rSERVICES | 235 | ||
10.5 MENTAL HEALTH ACT 1983, S.117: AFTERCARE SERVICES | 237 | ||
11.\r\rCharging for non-residential\rservices | 244 | ||
11.1 LEGAL POWER TO CHARGE FOR SERVICES | 246 | ||
11.2 SERVICES EXCLUDED FROM CHARGING | 246 | ||
11.3 REASONABLENESS OF CHARGES | 247 | ||
11.4 REASONABLE PRACTICABILITY OF PAYING THE CHARGE | 249 | ||
11.5 DEPARTMENT OF HEALTH GUIDANCE ON CHARGING | 250 | ||
11.6 CONSULTATIONWITH SERVICE USERS ABOUT CHARGING | 254 | ||
11.7 CHARGING AND PERSONAL INJURY COMPENSATION PAYMENTS | 254 | ||
11.8 PLACING A CHARGE ON THE HOUSE | 255 | ||
11.9 CLEAR POLICY ON CHARGING | 255 | ||
11.10 PEOPLE WHO REFUSE TO PAY | 255 | ||
11.11 GENERAL LOCAL GOVERNMENT LEGISLATION AND CHARGING | 256 | ||
12.\r\rDirect payments, carers, families\rwith children in need, and other\rspecific groups of people | 257 | ||
12.1 DIRECT PAYMENTS: OVERALL PURPOSE | 259 | ||
12.2 VOUCHERS | 268 | ||
12.3 INDEPENDENT LIVING FUND | 269 | ||
12.4 INFORMAL CARERS | 270 | ||
12.5 CHILDREN IN NEED AND THEIR FAMILIES | 275 | ||
12.6 LEAVING CARE: CHILDREN PREVIOUSLY LOOKED AFTER | 278 | ||
12.7 OTHER SPECIFIC GROUPS OF PEOPLE | 279 | ||
12.8 DRUGS AND ALCOHOL | 280 | ||
13.\r\rAsylum seekers and other people\rsubject to immigration control | 282 | ||
13.1 IMMIGRATION CONTROL: BACKGROUND | 283 | ||
13.2 IMMIGRATION CONTROL: SOCIAL SERVICES, PRESENT POSITION | 284 | ||
13.3 NHS SERVICES AND OVERSEAS VISITORS | 296 | ||
14.\r\rResidence and eligibility for\rservices | 298 | ||
14.1 RESIDENCE: OVERVIEW | 299 | ||
14.2 ORDINARY RESIDENCE: SOCIAL SERVICES | 299 | ||
14.3 NHS: RESPONSIBLE COMMISSIONER | 304 | ||
14.4 RESIDENCE: CROSS-BORDER RESPONSIBILITIES | 305 | ||
14.5 RESIDENCE AND DISABLED FACILITIES GRANTS | 307 | ||
PART III\rHousing, home adaptations,\rNHS services\rand joint working | 309 | ||
15.\r\rHousing and home adaptations | 311 | ||
15.1 PROVISION OF HOUSING ACCOMMODATION | 313 | ||
15.2 COOPERATION BETWEEN HOUSING AND SOCIAL SERVICES\rAUTHORITIES | 313 | ||
15.3 SUPPORTING PEOPLE | 314 | ||
15.4 HOME ADAPTATIONS: DISABLED FACILITIES GRANTS (DFGS) | 315 | ||
15.5 HOME ADAPTATIONS: REGULATORY REFORM ASSISTANCE | 336 | ||
15.6 HOME ADAPTATIONS AND SOCIAL SERVICES AUTHORITIES | 337 | ||
15.7 HOME ADAPTATIONS: GENERAL | 341 | ||
16.\r\rNHS services and joint working | 346 | ||
16.1 NHS BASIC DUTIES AND RESOURCES | 350 | ||
16.2 GENERAL PRACTITIONERS | 351 | ||
16.3 NHS LEGAL CASES AND SCARCE RESOURCES | 351 | ||
16.4 NHS LEGAL CHALLENGES ON GROUNDS OTHER THAN\rRESOURCES | 353 | ||
16.5 NHS DIRECTIONS AND GUIDANCE | 355 | ||
16.6 NHS HEALTH SERVICE OMBUDSMAN INVESTIGATIONS AND\rRESOURCES | 355 | ||
16.7 CONTINUING NHS HEALTH CARE | 355 | ||
16.8 FREE REGISTERED NURSING CARE | 367 | ||
16.9 PROVISION OF COMMUNITY HEALTH SERVICES IN CARE HOMES\rAND PEOPLE’S OWN HOMES | 369 | ||
16.10 DISCHARGE OF PEOPLE FROM HOSPITAL | 371 | ||
16.11 HOSPITAL DISCHARGE PRACTICE | 375 | ||
16.12 INTERMEDIATE CARE | 379 | ||
16.13 COMMUNITY EQUIPMENT SERVICES | 380 | ||
16.14 CONTINENCE SERVICES AND EQUIPMENT | 383 | ||
16.15 SINGLE ASSESSMENT PROCESS | 387 | ||
16.16 NATIONAL SERVICE FRAMEWORKS | 388 | ||
16.17 CARE PROGRAMME APPROACH: MENTAL HEALTH | 390 | ||
16.18 MENTAL HEALTH ACT 1983 | 391 | ||
16.19 JOINTWORKING BETWEEN NHS AND LOCAL AUTHORITIES | 391 | ||
16.20 NHS AND CHARGES FOR SERVICES | 397 | ||
PART IV\rAdult protection,\rdecision-making capacity,\rinformation sharing,\rhuman rights,\rdisability discriminatio | 399 | ||
17. \r\rAdult protection | 401 | ||
17.1 DEPARTMENT OF HEALTH GUIDANCE | 403 | ||
17.2 SOCIAL SERVICES LEGISLATION | 404 | ||
17.3 PROTECTION OF VULNERABLE ADULTS LIST | 405 | ||
17.4 CRIMINAL RECORD CERTIFICATES | 410 | ||
17.5 INTERVENTIONS | 412 | ||
17.6 CRIME AND DISORDER STRATEGIES | 423 | ||
17.7 MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA) | 424 | ||
17.8 ASSAULT, BATTERY AND SEXUAL OFFENCES | 425 | ||
17.9 VULNERABLEWITNESSES AND SUSPECTS | 428 | ||
17.10 HARASSMENT | 430 | ||
17.11 NON-MOLESTATION ORDERS | 431 | ||
17.12 OCCUPATION ORDERS | 432 | ||
17.13 CIVIL TORTS | 433 | ||
17.14 PHYSICAL RESTRAINT | 434 | ||
17.15 FINANCIAL ABUSE | 435 | ||
17.16 PROCEDURES AND INVESTIGATIONS | 443 | ||
17.17 CARE STANDARDS AND ADULT PROTECTION | 447 | ||
18\rDecision-making capacity | 448 | ||
18.1 BACKGROUND | 449 | ||
18.2 HEALTH ORWELFARE DECISIONS | 450 | ||
18.3 APPOINTEES, POWER OF ATTORNEY, COURT OF PROTECTION | 451 | ||
18.4 ASCERTAINING DECISION-MAKING CAPACITY | 453 | ||
18.5 BEST INTERESTS | 458 | ||
18.6 INFORMAL DECISION MAKING | 459 | ||
18.7 NECESSARY GOODS AND SERVICES | 460 | ||
18.8 INHERENT JURISDICTION OF THE COURTS | 460 | ||
18.9 ADVANCE DECISIONS TO REFUSE TREATMENT | 465 | ||
18.10 ADVOCACY | 466 | ||
19.\r\rInformation sharing | 467 | ||
19.1 COMMON LAWOF CONFIDENTIALITY AND HUMAN RIGHT | 468 | ||
19.2 DATA PROTECTION ACT 1998 | 470 | ||
19.3 LEGISLATION SPECIFICALLY REFERRING TO INFORMATION\rDISCLOSURE | 473 | ||
19.4 CALDICOTT GUARDIANS | 474 | ||
19.5 LOSS OF INFORMATION | 474 | ||
19.6 ACCESS TO NON-PERSONAL PUBLIC INFORMATION | 474 | ||
20.\r\rHuman rights | 476 | ||
20.1 HUMAN RIGHTS ACT 1998 | 477 | ||
20.2 EUROPEANCONVENTIONONHUMANRIGHTS | 479 | ||
21.\r\rDisability discrimination | 488 | ||
21.1 DEFINITION OF DISABILITY | 489 | ||
21.2 PROVISION OF GOODS AND SERVICES TO THE PUBLIC | 490 | ||
21.3 MANAGEMENT AND LETTING OF PREMISES | 492 | ||
21.4 EDUCATION | 494 | ||
21.5 RELATIONSHIP OF DDA TO OTHER LEGISLATION | 495 | ||
PART V\rHealth and safety at work,\rnegligence, contract,\rnational regulation of care provision | 497 | ||
22.\r\rHealth and safety at work\rlegislation | 499 | ||
22.1 REASONABLE PRACTICABILITY IN HEALTH AND SAFETY | 500 | ||
22.2 DUTIES TO EMPLOYEES | 502 | ||
22.3 DUTIES OF EMPLOYEES | 504 | ||
22.4 DUTY OF SELF-EMPLOYED PEOPLE | 504 | ||
22.5 DUTY OF EMPLOYERS TO NON-EMPLOYEES | 504 | ||
23.\r\rNegligence | 506 | ||
23.1 BASIC RULES OF NEGLIGENCE | 506 | ||
23.2 PROTECTION OF LOCAL AUTHORITIES FROM NEGLIGENCE | 507 | ||
23.3WEIGHING UP RISKS AND BENEFITS | 511 | ||
24.\r Regulation of care provision | 513 | ||
24.1 REGULATION OF CARE PROVIDERS | 514 | ||
24.2 DEFINITIONS OF CARE HOME AND DOMICILIARY CARE AGENCY | 514 | ||
24.3 REGISTRATION AUTHORITIES | 514 | ||
24.4 REGULATIONS | 515 | ||
REFERENCES\r | 522 | ||
LEGAL CASES | 522 | ||
LOCAL GOVERNMENT OMBUDSMAN CASES | 530 | ||
HEALTH SERVICE OMBUDSMAN CASES | 534 | ||
ACTS OF PARLIAMENT\r(AND NORTHERN IRELAND ORDERS) | 536 | ||
BILLS | 539 | ||
STATUTORY INSTRUMENTS | 539 | ||
CENTRAL GOVERNMENT GUIDANCE AND DIRECTIONS | 540 | ||
OTHER REFERENCES | 545 | ||
Index | 549 |